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Widia Sulastri
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Samara: Journal of Islamic Law and Family Studies
Published by STAI Balaiselasa YPPTI Pesisir Selatan
ISSN : -     EISSN : 30320062     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Samara: Journal of Islamic Law and Family Studies is the scholarly journal that publishes original and contemporary researches and thoughts concerning Islamic Law, Family Studies, and other studies relating to marriage, Islamic law of inheritance, gender, interreligious marriage, and human rights as well. Samara: Journal of Islamic Law and Family Studies sincerely invites Muslim Scholars all over the world to disseminate their original research and thoughts in the journal to have Muslim world benefit from them. Samara: Journal of Islamic Law and Family Studies is published by the Institute for Research and Community Service, STAI Balaiselasa YPPTI Pesisir Selatan, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Samara: Journal of Islamic Law and Family Studies It is published twice in June and December every year
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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The Phenomenon of Distribution and Impact of Zakat: How is it Practiced in Muslim Societies Maulana, Gempa; Sulfinadia, Hamda; Efrinaldi, Efrinaldi; Ringgit, Awang
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Zakat, as an act of worship and a form of obligation for Muslims, has a crucial role in creating social justice and reducing economic inequality in Muslim communities. This research aims to provide a deeper understanding of how the zakat distribution process takes place. This type of research is empirical juridical research, namely by studying directly in the field to see directly how zakat is distributed, and the implications for the beneficiaries. The research results show that First The majority of people tend to view zakat only as an obligation that must be fulfilled by individuals, without understanding the potential positive impact it can have on the economic recovery of their fellow citizens; second, The practice of distributing zakat is carried out through an event called "mando'a," where zakat is distributed equally to all guests who attend the event; third, This research also found that the legal basis that requires every Muslim to pay zakat is contained in the Quran Surah At-Taubah verse 60, the words of Rasulullah SAW, and Law no. 32 of 2011 Article 25 concerning Zakat. However, even though there is a strong legal basis, the zakat funds received by Mustahik are insufficient to meet their needs. These funds are limited to daily needs, so they cannot have a significant long-term impact on their economic recovery. Thus, this research provides a clear picture of zakat practice, identifies differences between community perceptions and Islamic law, and shows potential improvements in zakat distribution to provide greater social and economic impact for mustahik.
Phenomenology of Buying and Selling Practices in Islamic Societies: How is it Implemented Mulyani, Ridha; Sulastri, Widia; Nailurrahmi, Nailurrahmi; Pratiwi, Nila; Rahmita, Rahmita; Habib, Abdul; Sihombing, Yusuf
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Buying and selling is exchanging something you want for something equivalent through certain useful methods. The exchange must be beneficial for humans so that carcasses, liquor and blood are not included in things that may be traded or exchanged, because these objects are not useful for Muslims. According to Article 20 paragraph 2 of the Compilation of Sharia Economic Law, this research uses library research, collecting books and writings that are directly or directly related to the issues above. After the data is collected, classification analysis is then carried out using deductive methods to reach conclusions. Ba'i is buying and selling between objects and objects, or the exchange of objects for money. Primitive society when money was not used as a means of exchanging goods, namely with a barter system. Even though buying and selling using the barter system has been abandoned, and replaced by a currency system, sometimes the essence of such buying and selling still applies, even if it is to determine the amount of goods exchanged but is calculated using a certain currency value, for example, Indonesia buys vehicle spare parts to Japan, then the imported goods are paid for.
Problems of Rejection of Applications for Prospective Marriage Dispensation in Islamic Law Hertasmaldi, Hertasmaldi; Hafiz, Abdul; Mardianton, Mardianton
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
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Abstract

This article discusses the judge's decision in rejecting the application for marriage dispensation which had been submitted and registered at the Registrar's Office of the Painan Religious Court with Number: 68/Pdt.P/2021/PA.Pn, that the Petitioner intended to carry out the marriage of the Petitioner's 18-year-old biological child with a 46-year-old man. The researcher uses the Library Research (library) research method. The researcher describes a structured research procedure, namely the research approach. Because what is being studied is written text in the form of a corpus (data used as a source of research material). The research information that becomes primary data is the decision of the judge of the Painan religious court, while the secondary data is data obtained from written sources, library materials including statutory regulations, scientific literature, books and articles. , and journals. The results of the research can be concluded that the judge's decision can be correct because the judge adheres firmly to educational, and psychological aspects, as well as the potential for disputes in the household that will be fostered for children. In Islamic law, it is permitted by fiqh law and the values ​​aimed at implementing sharia.
The Concept of Islamic Economic Fiqh in Mu’amalah Perspective Efendi, Faisal; Candra, Afrikal; Mardianton, Mardianton; Fauzi, M.; Ilham, Elgi Muhammad; Sumarni, Ira
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
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Islamic Economic Fiqh is an important foundation for understanding and applying economic principles in Islam, with a special focus on muamalah or daily life transactions. This discussion aims to find out the concept of Islamic economic jurisprudence from several experts and also aims to find out what is the scope of the discussion of Islamic economic jurisprudence (Fiqh Iqtishad). Islamic economic jurisprudence is knowledge about activities or transactions based on Sharia law and about human behavior in their lives obtained from detailed Islamic postulates. The scope of Islamic economic jurisprudence is all human economic activities based on Islamic law in the form of regulations containing commands or prohibitions such as obligatory, sunnah, haram, makruh, and permissible. In general, the scope of Islamic economics includes economic aspects, including Syirkah and mudharabah, murabahah, khiyar, istisna, ijarah, salam, kafalah, hawalah, and others. However, the aspect of cooperation that is most often carried out is profit sharing, namely Syirkah, and mudharabah. Fiqh law consists of legal laws regarding matters of worship about the vertical relationship between humans and Rabb and human relationships with other humans.
The Effectiveness of Fiqh Rules on Law Number 16 of 2019 Hertasmaldi, Hertasmaldi; Sulfinadia, Hamda; Mardianto, Mardianto; Abdul Razak, Dudung; Efendi, Faisal
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Legal certainty must be present in a law or regulation. Without legal certainty, the rights of legal subjects will be violated and neglected. Similarly, without legal certainty, legal subjects will feel anxious and insecure because they feel that the law does not protect them. Law Number 16 of 2019 concerning Amendments to Law Law No. 1 of 1974 is considered to lack legal certainty and clarity, as the determination of the marriage age limit in that law is based solely on Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection. This type of research is library research. Library research is a series of activities related to the methods of collecting library data, reading and recording, and processing research materials. Law No. 16 of 2019 still allows Indonesian society to engage in child marriage under the legal age. This law must be considered from various legal perspectives and have clear legal consequences, so a comprehensive revision of this law is necessary. Even if possible, Law No. 1 of 1974 should be reviewed and adjusted to the legal issues that exist now and in the future. By applying the concept of public interest and rejecting harm in a law or regulation, the objectives of that law or regulation will be achieved and become effective.
Controversy over Religious Court Decisions Regarding Marriage Isbat Laws Razak, Dudung Abdul; Deski, Ahmad; Nashir, M.; Samsurizal, Samsurizal
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
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Controversy in religious court decisions regarding marriage itsbat laws is a complex discussion in the context of Islamic law. Itsbat nikah, the process of legalizing marriage in the religious realm, is often a source of disagreement between the parties involved. This research aims to find out the decision of the religious court regarding the law on marriage itsbats. This research uses library research, collecting books and writings that are directly or directly related to the issues above. After the data is collected, classification analysis is then carried out using deductive methods to reach conclusions. Isbat nikah is a request for validation submitted to the Religious Court to declare the marriage valid so that it has legal force. Reasons for submitting a marriage itsbat in KHI Article 7 paragraph 3: The existence of a marriage in the context of settlement, the loss of a marriage certificate, the existence of a marriage that occurred before the enactment of Marriage Law No. 1 of 1974, a marriage carried out by those who do not have obstacles to marriage according to Law No. 1 of 1974. People who have the right to apply for a marriage itsbat in KHI Article 7 paragraph 4, namely husband, wife, their children, and parties who have an interest in the marriage. The urgency of the marriage Itsbat Provides a guarantee of legal certainty for every marriage and provides a guarantee of legal protection for the offspring of each couple. Marriage applications itsbat are made at the Religious Court at the place of domicile of the couple who will carry out their marriage itsbat.
Support for Child Education Post-Divorce Majid, Ikhwanuddin Abdul; Sesmita, Jeniver Tri; Faraditsi, Fauzia; Fitri, Rika; Daulad, Ahmad
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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Abstract

Most people who have experienced divorce no longer prioritize supporting their children's education. They become busy with their new family, ignoring the needs of their children who need love, education, and other needs. This research aims to analyze children's educational support after divorce using a qualitative case study approach. Data was collected through document analysis, including court records, local policies, educational agency reports, and statistical data related to children's education in the area studied. Direct observations were also carried out to understand environmental conditions and the situation of children affected by divorce. The research results show that post-divorce child education support has not been fully implemented. Most divorced parents do not provide adequate support, which causes some children to be forced to stop going to school. Thematic analysis revealed that economic factors, parents' lack of understanding about the importance of education, as well as the lack of policies that support children's educational rights after divorce, contributed to the lack of educational support for these children. These findings emphasize the need for more effective interventions in the form of policies and programs that support the continuity of children's education after divorce.
Provision of Family Maintenance From The Income of Fighting Cocks: The Perspective of Saddu Az-Zari'ah Siregar, Linda Sari Bulan; Taufan, Taufan; Sulastri, Widia; Khairi, Muhammad; Samsurizal, Samsurizal; Hertasmaldi, Hertasmaldi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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This research aims to analyze the law of providing family support from income from raising fighting cocks from Saddu Az-Zari'ah's perspective. This research uses a qualitative method with a descriptive approach and an empirical juridical legal approach. Data collection techniques include observation, interviews, and documentation. The results of the research can be concluded that the law regarding family support from income from raising fighting cocks in Saddu Az-Zari'ah's view is considered haram. Because, includes bad actions that lead people to immoral acts, as stated in the provisions of Saddu Az-Zari'ah to determine the legal means (means) that prohibit it. If the result of an action brings benefit as taught by the Shari'a, then this method is permissible, and conversely, if the result of an action is detrimental, even though the aim is for good (supporting the family) then it is considered haram.
Inheritance Relationship Between Children Born Out of Wedlock and Their Biological Fathers Putri, Sonita Rifa Rahayu; Efendi, Faisal; Razak, Dudung Abdul; Syaputra, M. Zikri; Candra, Afrikal
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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Abstract

The aim of this research is to analyze the Constitutional Court Decision Number 46/PUU VIII/2010 concerning Review of Law Number 1 of 1974 on inheritance rights between illegitimate children and their biological father. The research method used is qualitative research with a descriptive approach and a normative juridical perspective. The research results show that factors that allow someone to receive an inheritance include marital relations, kinship relations, and the emancipation of slaves. Legal considerations in Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 state that illegitimate children have a civil relationship with their mother and family, as well as with a man who is known to be their father based on science. Proof or other valid evidence that establishes the existence of blood relations, including civil relations with the father's family. Meanwhile, analysis of the Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 which is strengthened by Article 43 paragraph 1 of the Marriage Law confirms that a child's relationship with a man as his father is not solely based on the existence of a marriage bond. but it can also be based on evidence of a blood relationship between the child and the man identified as the father.
Dilemma of Unregistered Marriage for Establishing Children's Lineage Aples, Aples; Mardianton, Mardianton; Rahmita, Rahmita; Kapitri, Neneng; Nurlaila, Nurlaila; Yusrizal, Syamsi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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The petitioner filed a request for the determination of lineage to ensure the child's rights are fulfilled. Based on legal considerations, the Judge granted the request by considering the evidence presented, such as letters and witness testimonies. Legal facts indicate that the children were born from the lawful marriage of Petitioner I and II, thus they are eligible to be recognized as legitimate children. This chapter discusses the research findings and discussion regarding the background of the implementation of marriage reformation/tajdid nikah and the submission of requests for the determination of child's lineage in case No. 115/Pdt.P/2023/PA.PN at the Religious Court of Painan. The research method used by the researcher is a legal approach (state approach) with descriptive-analytical specifications in the case decision: 115/Pdt.P/2023/PA.PN. Results. Firstly, the reformation of marriage in Case 115/Pdt.P/2023/PA.PN is based on reasons that align with religious and governmental regulations, such as the previous marriage being terminated due to the waiting period (iddah), for administrative validity, and the marriage being conducted solely for the official record from the Office of Religious Affairs (KUA). Secondly, the background of the submission of the request for the determination of child's lineage is because Petitioner I and II had a secret marriage in 2015, were blessed with 2 children, their effort for formalizing the marriage was rejected, then they officially registered their marriage in 2023. The aim is to ensure the fulfillment of the children's rights such as birth certificates and education. Thirdly, in deciding the case of the child's lineage, the judge's consideration is based on juridical, philosophical, and sociological aspects, taking into account the fulfillment of the rights and welfare of the child.

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